Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
The 2017 reforms to NSW Compulsory Third Party (CTP) motor accident compensation introduced significant changes to how facial scarring injuries are assessed under the Motor Accident Injuries Act 2017. These reforms shifted the focus from the presence of scarring alone to a more detailed evaluation of the injury’s long-term impact on quality of life. If you’ve suffered facial scarring from a motor accident in Auburn or elsewhere in NSW, understanding these changes is critical to securing fair compensation. This article explains the key reforms, how SIRA evaluates claims, and what evidence is required to support your case.
How the 2017 Reforms Changed Facial Scarring Claims
Before 2017, facial scarring injuries were often treated as minor under the CTP scheme, with limited compensation for cosmetic damage. The reforms now require claimants to demonstrate how scarring affects their daily life, mental health, and social interactions. SIRA’s updated guidelines emphasize a holistic assessment, including:
- Long-term psychological impact: Anxiety, depression, or social withdrawal due to visible scarring.
- Functional limitations: Difficulty eating, speaking, or grooming caused by scarring.
- Cosmetic impact: Reduction in self-esteem or professional opportunities due to appearance changes.
Under the revised rules, scarring must meet the ‘threshold injury’ criteria outlined in the Motor Accident Guidelines. This means the injury must result from the accident and not pre-existing conditions. SIRA now uses a more rigorous process to determine whether scarring qualifies for compensation, including specialist medical reports and psychological assessments.
Evidence Required for Facial Scarring Claims
To support a facial scarring claim under the 2017 reforms, you’ll need to provide:
- Medical documentation: Detailed records from a medical practitioner confirming the scarring’s cause, extent, and impact. This includes before-and-after photographs, treatment plans, and recovery timelines.
- Psychological evidence: Reports from a mental health professional assessing how scarring affects your mental well-being. This is crucial for claims involving anxiety, depression, or social withdrawal.
- Witness statements: Accounts from people who have observed the scarring’s effect on your daily life, such as family members or colleagues.
- Income records: If scarring has impacted your ability to work, provide evidence of lost wages or reduced earning capacity.
SIRA may also request a second opinion from a specialist medical practitioner to verify the injury’s severity and long-term consequences. This process ensures claims are evaluated based on objective medical evidence rather than subjective claims.
Time Limits and Dispute Resolution
Under the Motor Accident Injuries Act 2017, you have 52 weeks from the accident date to claim compensation for injuries that meet the ‘threshold injury’ definition. However, facial scarring claims often require longer recovery periods, which can complicate timing. If your scarring is not classified as a threshold injury within this timeframe, you may need to pursue a common law claim for damages, which has no strict time limit but requires proof of negligence.
If SIRA disputes your claim, you can request a review by submitting additional evidence or seeking independent medical opinions. In complex cases, it may be necessary to consult a solicitor to challenge SIRA’s assessment or negotiate a fair settlement.
A Realistic Example
Consider a claimant who suffered facial lacerations in a 2023 motor accident in Auburn. Under the 2017 reforms, they would need to provide:
- Medical records showing the scarring’s cause and treatment.
- Evidence of anxiety from a psychologist due to social withdrawal.
- Photographs documenting the scarring’s appearance before and after treatment.
SIRA would assess whether the scarring meets the threshold injury criteria and whether it has a lasting impact on the claimant’s life. If the claimant can demonstrate a clear link between the scarring and their psychological or functional decline, they may qualify for compensation.
When to Seek Legal Advice
The 2017 reforms have created a more complex claims process, particularly for facial scarring injuries. If you’re unsure whether your claim meets the threshold injury criteria or need help gathering evidence, it’s essential to seek legal advice. A solicitor can help you:
- Navigate SIRA’s assessment process.
- Challenge disputed claims or review decisions.
- Pursue additional compensation for non-economic losses like pain and suffering.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. If you’re in Auburn or another NSW location and have questions about your facial scarring claim, contact a legal professional for tailored advice. General information cannot determine whether a claim is available in your specific case.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.